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2025 DAILYLAW 44010 (RAJ)

ASHFAQ AHMED S/O SHRI ABDUL LATEEF v. THE STATE OF RAJASTHAN

CRLMB/11383/2023 · 2025-11-01

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:43841] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11383/2023 Ashfaq Ahmed S/o Shri Abdul Lateef, R/o House No. 3-Bha-31, Vigyan Nagar, Kota City (Raj.) ----Applicant Versus The State of Rajasthan through its PP ----Respondent For Applicant(s) : Mr. Amir Aziz Mr. Shishram Yadav For Respondent(s) : Ms. Arti Sharma, PP Mr. Rhishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SAMEER JAIN Order 01/11/2025 1. The present bail application has been filed under Section 438 Cr.P.C. in connection with FIR No. 257/2023 registered at Police Station R.K. Puram District Kota City for the offence(s) under Sections 420, 406 of IPC. 2. Learned counsel for the applicant has submitted that on 04.08.2025 and 25.08.2025, this Court granted interim protection from arrest to the applicant, subject to the condition that he would join the investigation as and when required by the Investigating Officer. In compliance with the said condition, the applicant has joined the investigation on seven occasions, as directed. It is further submitted that the applicant’s name does not find mention in the FIR and that there are no criminal antecedents against him. 3. Per contra, learned Public Prosecutor has vehemently opposed the bail application. [2025:RJ-JP:43841] (2 of 2) [CRLMB-11383/2023] 4. Considering the arguments advanced by the counsel for the parties, considering that applicant has joined the investigation as directed; that there are no criminal antecedents against the applicant; that name of the applicant is not mentioned in the FIR and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court deems it appropriate to make the order dated 04.08.2025 and 25.08.2025 absolute and allow the anticipatory bail application. 5. Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station R.K. Puram District Kota City in FIR No. 257/2023 is directed that in the event of arrest of the accused-applicant Ashfaq Ahmed S/o Shri Abdul Lateef shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and (iii) that the applicant shall not leave India without previous permission of the court. (SAMEER JAIN),J JKP/1